House
File
2018
-
Introduced
HOUSE
FILE
2018
BY
CARLSON
A
BILL
FOR
An
Act
requiring
the
department
of
health
and
human
services
1
to
reimburse
a
county
for
the
temporary
holding
of,
or
2
confinement
of,
a
sexually
violent
predator
who
commits
3
a
public
offense
while
subject
to
an
order
of
civil
4
commitment.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
229A.5C,
subsection
2,
Code
2024,
is
1
amended
to
read
as
follows:
2
2.
a.
Upon
the
filing
of
a
complaint,
indictment,
or
3
information,
the
person
shall
be
transferred
to
the
county
4
jail
in
the
county
where
the
public
offense
occurred
until
the
5
criminal
proceedings
have
been
completed.
6
b.
If
the
person
is
sentenced
to
a
term
of
confinement
7
in
a
county
jail,
the
person
shall
serve
the
sentence
at
the
8
county
jail.
If
the
person
is
sentenced
to
the
custody
of
the
9
director
of
the
department
of
corrections,
the
person
shall
10
serve
the
sentence
at
a
correctional
institution.
11
c.
(1)
If
a
person
who
is
subject
to
an
order
of
civil
12
commitment
under
this
chapter
is
transferred
to
a
county
jail
13
or
sentenced
to
a
term
of
confinement
in
a
county
jail
pursuant
14
to
this
subsection,
the
department
shall
reimburse
the
county
15
at
a
rate
of
fifty
dollars
per
day
for
the
time
period
the
16
person
is
temporarily
held
after
transfer,
or
is
confined,
in
17
the
county
jail.
18
(2)
The
department
shall
use
funds
appropriated
to
the
19
department
for
costs
associated
with
the
treatment
and
20
commitment
of
sexually
violent
predators
in
the
unit
located
21
at
the
state
mental
health
institute
at
Cherokee,
or
use
funds
22
transferred
pursuant
to
section
218.6,
for
the
payment
of
23
reimbursements
pursuant
to
subparagraph
(1).
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
requires
the
department
of
health
and
human
28
services
(HHS)
to
reimburse
a
county
at
a
rate
of
$50
per
29
day
when
a
sexually
violent
predator
(SVP)
is
transferred
to
30
the
county’s
jail
after
the
SVP
committed
a
public
offense
31
while
subject
to
an
order
of
civil
commitment.
If
the
SVP
is
32
subsequently
sentenced
to
confinement
at
the
county
jail,
HHS
33
must
reimburse
the
jail
at
a
rate
of
$50
per
day
for
each
day
34
the
SVP
is
confined.
35
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2018
The
bill
requires
HHS
to
use
funds
appropriated
to
HHS
for
1
costs
associated
with
the
treatment
and
commitment
of
sexually
2
violent
predators
in
the
unit
located
at
the
state
mental
3
health
institute
at
Cherokee,
or
use
funds
transferred
pursuant
4
to
Code
section
218.6
for
the
payment
of
reimbursements
to
5
county
jails.
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